Myrtle Beach Real Estate Attorney

FAQS FOR BUYERS

Helping our Myrtle Beach Buyers

We aim to secure your property

Below are a few frequently asked questions for buyers in the Myrtle Beach housing market. If your question is not answered below, please contact us here or view our other FAQs.

Frequently Asked Buyer Questions

The legal profession imposes extremely strict ethical rules concerning the protection of each client’s private information. We take this obligation far beyond the required norm and are proud to be a known leader in the world of security. In this computer age, the real estate profession is a target of cyber-criminals who make attempts to divert funds to their own criminal accounts. We spend liberally on security software. Our wire protocol (both incoming and outgoing) is probably the strictest anywhere. We are proud to have authored a premier wire protocol that serves as a model for many other South Carolina law firms

In Horry County, you are deemed to own the property once the deed is recorded at the courthouse. This is different than most other states and, in fact, is different than other South Carolina counties.

Yes, you sure can. Myrtle Beach is a resort community and, because of this, we are very accustomed to handling transactions on behalf of investors, families buying a second home and others who do not live locally and cannot personally attend their closing. We make this extremely easy for you.

Your real estate agent should have no trouble securing copies of any and all restrictions governing your property. Sometimes, these materials are provided by the seller or the HOA, but because they are publicly recorded documents, they can always be procured from the courthouse. We have an extensive in-house library of governing documents for many planned communities and are happy to provide PDF copies to our clients.

If you are purchasing land (including a house located on land or simply a vacant parcel/tract), you should have it surveyed before your closing. A survey clearly delineates property lines and reveals encroachments, easements and other property features affecting both value and use of the property.

If you are purchasing property in a planned community, whether it be a condominium or a home subdivision, the community is probably governed by a Homeowner’s Association (“HOA”). Before you close on your purchase, the HOA will be required to produce a Certificate of Assessment (COA) in which all matters relating to the HOA dues are clearly stated. The information includes the amount and status of regular dues, any special assessment(s), insurance assessments, lawsuits to which the HOA is a party and other key information.

This is sometimes referred to as “furniture, fixtures and equipment tax.” It is imposed by the county on non-exempt personal property located in/on real property. For example, if the real property is your primary residence, the personal property found in the home is exempt from this tax. On the other hand, if you rent the real property to a third party, the personal property is subject to this tax. We provide our clients with a detailed memorandum in which personal property taxes are explained.

The probable answer is “yes,” but you are invited to visit the blog section of this website for a detailed explanation of everything you need to know about the Vacation Rental Act. Vacation Rental Act Blog

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Yes, title can be held in the name of an entity (LLC, corporation, trust or partnership), but is more commonly titled to individuals. Where more than one person is involved, title can be held as “joint tenants with the right of survivorship” or as “tenants in common.” Married couples many times opt for “joint tenants with the right of survivorship,“ because when one of them dies, the title automatically passes to the surviving spouse. This is contrasted with “tenants in common” in which, upon the death of one owner, the interest of that owner passes through his/her estate and into the hands of his/her beneficiary.

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